Mediation ethics traditionally gives a central role to mediator neutrality and party self-determination. However, the relationship between these two concepts can sometimes give rise to ethical dilemmas, particularly in scenarios involving power imbalances or vulnerable parties. How, then, can the two notions be reconciled? This talk explores the idea that party self-determination, rather than mediator neutrality, should be given center stage in mediation ethics. This is because, first, party self-determination is what distinguishes mediation from other forms of dispute resolution and, second, it provides a principled basis for the legitimacy of mediation and its outcomes. Mediator neutrality can then be viewed as a tool to support party self-determination, rather than the other way around.
|Publication status||Published - 2018|
|Event||Professional Development Seminar Series, Austin Association of Mediators - Austin, United States|
Duration: 14 Dec 2018 → …
|Seminar||Professional Development Seminar Series, Austin Association of Mediators|
|Period||14/12/18 → …|